ENAR SHADOW REPORT Racism and related discriminatory practices in Estonia 2011-2012 ENAR-Estonia 1
Racism is a reality in the lives of many ethnic and religious minorities in the EU. However, the extent and manifestations of this reality are often unknown and undocumented, especially in official data sources, meaning that it can be difficult to analyse the situation and to establish solutions to it. The ENAR Shadow Reports are produced to fill the gaps in the official and academic data, to offer an alternative to that data and to offer an NGO perspective on the realities of racism in the EU and its Member States. NGO reports are, by their nature, based on many sources of data - official, unofficial, academic and experiential. This allows access to information which, while sometimes not backed up by the rigours of academic standards, provides the vital perspective of those that either are or work directly with those affected by racism. It is this that gives NGO reports their added value, complementing academic and official reporting. Published by the European Network against Racism (ENAR) in Brussels, March 2013, with the support of the European Union Programme for Employment and Social Solidarity - PROGRESS (2007-2013), the Open Society Foundations, and the ENAR Foundation. PROGRESS is implemented by the European Commission. It was established to financially support the implementation of the objectives of the European Union in the employment, social affairs and equal opportunities area, and thereby contribute to the achievement of the Europe 2020 Strategy goals in these fields. The seven-year Programme targets all stakeholders who can help shape the development of appropriate and effective employment and social legislation and policies, across the EU-27, EFTA-EEA and EU candidate and pre-candidate countries. For more information see: http://ec.europa.eu/progress The information contained in this publication does not necessarily reflect the position or opinion of the European Commission or of the Open Society Foundations. ENAR reserves the right not to be responsible for the accuracy, completeness or quality of the information provided in this report. Liability claims regarding damage caused by the use of any information provided, including any information which is incomplete or incorrect, will therefore be rejected. 1
1. Executive summary This report aims to assess legal and political changes with regards to racism and related discrimination in Estonia between March 2011 and March 2012. The report also presents the views of the civil society actors who are involved in countering racism and discrimination. The special focus of the ENAR 2011-2012 Shadow Reports is on the Muslim community and Islamophobia. However, the Estonian Muslim population is relatively small and there is little data available. Estonia has harmonised its anti-discrimination law with the requirements of the European directives. However, there are still many obstacles to ensuring equal treatment of ethnic minorities. The EU Framework decision on racism and xenophobia continues to be poorly implemented, resulting in few prosecutions related to hate speech and racially motivated violence. Urgent measures must be taken to improve prosecution of hate speech and racially motivated crime, such as the recognition of racial motive as an aggravating circumstance, and allowing prosecution of hate speech without the current requirement to prove material damage etc. Little research has been conducted concerning the situation of ethnic minorities in Estonia. However there have been some important positive changes. The issue of possible discrimination against ethnic minorities in the workplace has become an important part of the Working Life analysis ordered by the Ministry of Social Affairs. After considerable delay the Ministry of Justice has published a report on racist and xenophobic attitudes in society. While this is a positive step, these reports alone are far from sufficient. Thus we recommend that: More active efforts should be made to study possible difficulties faced by ethnic and religious minorities groups. The report also highlights that current protection mechanisms against discrimination are inadequate. The Equality bodies are incapable of addressing discrimination effectively. The Chancellor of Justice, who has responsibility for issues relating to discrimination, has recourse only to a reconciliation procedure. No relevant complaints were decided by this institution during the period under review. Another equality body, the Gender Equality and Equal Treatment Commissioner, is prevented by lack of funding from engaging in large scale awareness raising campaigns and even from dealing effectively with complaints. It is therefore recommended that: The mandate of the Chancellor of Justice be expanded so that discrimination cases can be dealt with effectively. The Gender Equality and Equal Treatment Commissioner should be provided with adequate staff and funding. 2
Employment remains the most problematic issue. Levels of unemployment, particularly long-term unemployment are around twice as high among ethnic minority groups as among Estonian nationals. There is a large disparity between the income levels of these two groups. Most efforts to improve the situation have focused on Estonian language learning. It is clear this is not sufficient and other strategies should be planned. The State should engage with experts from a variety of backgrounds in order to develop policies and actions which are based more broadly on social inclusion and not only integration through language skills. At present, recruitment processes allow employers to identify the ethnic origin of a candidate both through their name and by requesting that they specify their mother tongue. This places those who speak Estonian as a second language at a disadvantage even though they may have an excellent command of the language. Recruitment practices should be reviewed and the CV templates amended in such a way that they provide as little information regarding ethnic background of a candidate as possible. The report also highlights obstacles to political and civic participation by members of ethnic minority groups. The main concern in this regard is the lack of opportunities for dialogue between the authorities and representatives of minorities. Issues of racism and ethnic discrimination are not taken seriously at national level and therefore the funding provided for such activities is inadequate. Ethnic minorities should be more involved in decision-making and consulted on issues that affect the community itself. Increased possibilities for dialogue should be created and maintained. 3
2. Table of contents 1. Executive summary... 2 2. Table of contents... 4 3. Introduction... 5 4. Significant developments in the country during the period under review... 8 5. Special focus: Islamophobia... 12 6. Access and full participation in all collective areas of society... 14 6.1 Racism and related discrimination in employment... 15 6.2 Racism and related discrimination in education... 21 6.3 Racism and related discrimination in housing... 25 6.4 Racism and related discrimination in health... 27 6.5 Racism and related discrimination in access to goods and services... 30 6.6 Racism and related discrimination in political participation... 31 6.7 Racism and related discrimination in media... 36 6.8 Racism and related discrimination in criminal justice... 37 7. Civil society assessment and critique in ensuring protection of fundamental rights... 42 8. Good practices... 44 9. National recommendations... 46 10. Conclusion... 48 Bibliography... 49 Annex 1: List of abbreviations and terminology... 52 4
3. Introduction Estonia is a small European country with a low immigrant population and few visible minority groups. Emigration rates are high. In spite of this, tolerance levels are low. According to the OECD report Society at Glance, Estonia has the lowest levels of tolerance towards minority groups among OECD countries. 1 It was noted in that analysis that this can partly be explained by attempts by politicians to stir xenophobic tendencies among the population in order to increase feelings of national unity. 2 It is difficult to determine how widespread the problem of racially motivated violence is in Estonia because data and statistics about racially motivated crime are not collected. 3 Similarly there has been little research and quality analysis regarding equal treatment of minorities in their everyday life. Discrimination is still very rarely reported, despite the fact there are two equality bodies in place as well a number of civil society initiatives aiming to support strategic litigation. In order to better understand the situation in Estonia we must first examine those communities which are vulnerable to racism and related discrimination. As of January 1 2012, Estonia had a population of 1 339 662 4 (initial data from National Population Census of 2011-1 294 236). 5 Since minorities make up almost 30% of this, Estonia ought to be considered a truly multi-ethnic society. The majority of the minority population speak Russian, either as their native language or as a language of communication. In some areas ethnic minorities constitute a majority reaching up to 84% of the population 6. The composition of ethnic minorities in Estonia has been discussed in more detail in previous shadow reports. Most of the minority community has resided in Estonia since the practice of forced migration during the Soviet era. These groups continue to be perceived in a negative manner by the majority population. They are still considered to be occupants who came to Estonia against the will of the local population and through whom the oppressive regime of the Soviet was enforced. Often ethnic minorities are called migrants both by politicians and academics. Yet among the minorities themselves this term is considered to be pejorative as they do not consider themselves to be migrants. One concern with regard to the minority population continues to be the problem of mass statelessness. As of January 1, 2012 94,395 persons or 7% of the total population do not hold citizenship of any country in the world 7 1 Society at glance: OECD Social Indicators, OECD publication 2011. 2 ERR Uudised Analüütikud: Poliitikud ignoreerivad vähemuste teemat, 17.04.2011 3 Postimees Inmõiguslane: sallimatust kui probleemi teadvustatakse meil üha enam, 26.04.2011 4 www.stat.ee, Estonian statistics, Table RV0222 5 National census 2011, accessed at http://www.stat.ee/63779?parent_id=32784 6 Ida-Viru county, Narva city in particular. 7 http://valitsus.ee/et/valitsus/tegevusprogramm/loimumine/maaratlemata-kodakondsusegaisikute-arv 5
i.e. are stateless or, to use the national terminology, they have undefined/undetermined citizenship. Many of these people have been permanently residing on the territory of Estonia for decades. While around half of them were even born here, due to strict naturalisation rules they are unable to receive Estonian citizenship and do not feel sufficiently tied to any other country to request citizenship elsewhere. 8 According to the data received from the Integration Monitoring in 2011 the main reason why people still have the undefined citizenship and do not apply for any citizenship is low proficiency in the Estonian language that does not allow them the pass the naturalisation exam 9. Estonian citizenship is held by 84% of the population, 7% are citizens of the Russian Federation, 2% of the other countries and 7% are stateless 10. There is a clear difference between the rights of enjoyed by Estonian citizens and citizens of the EU and those enjoyed by stateless persons as well as other third country nationals. These differences are most striking the areas of employment and in the exercise of civil and political rights. This report aims to examine the situation with regards to equal treatment of the above mentioned communities in various aspects of life, including access to employment, housing and health services, political participation, media, hate crime, counter terrorism policies etc. We will analyse available data as well as political and legal developments. As was the case in previous reports, there have been no major legal or political developments with regard to racism or related discrimination in Estonia. State authorities persistently refuse to recognise racism and related issues as serious problems. Many politicians are willing to exploit popular dislike of immigrants and ethnic minority groups for political gain. Criticism from the international community has stressed that the lack of discrimination cases before the courts and equality bodies does not indicate that discrimination is not a problem in Estonia, but rather that the state is willing to deal with this problem. 11 After considerable delay, the Ministry of Justice has finally published a study carried out on its behalf by the Universities of Tallinn and Tartu, focusing on racism and xenophobia in Estonia. 12 While the report was published in 2011, it covered the year 2007. The report revealed that 22% of the Estonian population have witnessed or experienced discriminatory treatment based on race, nationality or religion. Among Estonians, 46% of the people consider that immigrants increase criminal activity. In Estonia, hate speech on the internet primarily targets Russians, followed by the Roma and Christians. 13 8 Racism and discrimination in Estonia 2010-2011, Shadow reprot, ENAR, 2011 9 Integratsiooni monitooring 2011, ordered by the Ministry of Culture and published in 2012 http://www.kul.ee/webeditor/files/integratsioon/integratsiooni_monitooring_2011.pdf 10 http://valitsus.ee/et/valitsus/tegevusprogramm/loimumine/maaratlemata-kodakondsusegaisikute-arv 11 ECRI 12 Rassi- ja võõravimm Eestis, Laineste. L et all, Justiitsministeerium, Tallinn 13 Ibid. 6
As with the 2010 report, 14 much of the public discussion and media coverage during the period under review concerned the reform of Upper-secondary schools which use Russian as the language of instruction. This reform envisages a transfer of the education process into the Estonian language. The reform will require that at least 60% of subjects be taught in Estonian language, with the option of teaching the remaining 40% in Russian. This process is strongly opposed by the minority population. However the state refuses to see any possibility for dialogue or compromise. At the end of 2011, the Security Police reported that several high profile politicians have sold temporary residence permits to wealthy foreign nationals, mainly from Russia. This revelation caused lively public discussion and resulted in the adoption of amendments to the Aliens Act restricting the issuing of residence permits for the purpose of being a part of the Management Board of the Company. The special focus of this report is on Islamophobia and the situation faced by the Muslim community in Estonia. It appears that ethnic background alone is not a major ground of discrimination in Estonia. The characteristics of those who encounter discrimination include a number of factors including: mother tongue, Estonian language proficiency, citizenship, political beliefs, social status and indeed ethnic background and possible religious beliefs. The report covers developments during the period from March 2011 to March 2012. In some cases earlier or later developments will be included where this is necessary to deal with the issues in a comprehensive manner. 14 Racism and discrimination in Estonia in 2010-2011, Shadow report, ENAR, 2011 7
4. Significant developments in the country during the period under review Little has changed with regards to racism and related discrimination in Estonia during the period under review. As was the case in previous reports, the issues of racism and ethnic discrimination carry little weight with state institutions and civil society, both of which are dominated by the majority population. These issues are greatly shaped by the discourse of the political parties, which often panders to nationalism and xenophobia. Politicisation of these issues also prevents civil society organisations from championing groups and issues which may be unpopular. They fear that by doing so they may lose political favour and as a result lose credibility and funding. This state of affairs has also been shaped by Estonia s history, discussed in detail in previous Shadow Reports. 15 There is little research and data available regarding equal treatment in various spheres of life. There is little public interest in addressing these issues. One significant development during the period under review was the publication of a report by the Ministry of Justice on the topic of racism and xenophobia in Estonia. 16 The report has been written by the joint actions of Tartu and Tallinn Universities. Interestingly, while this study covers the period until 2007, it was not published until 2011 and attracted little publicity. Nonetheless, this initiative is important as this is one of only a few reports addressing the issues of ethnic discrimination, and the first report addressing xenophobia initiated by the state. The report pointed out that 22% of the Estonian population have witnessed or experienced discriminatory treatment based on race, nationality or religion. Among Estonians, 46% of people consider that immigration leads to an increase in criminal activity. In Estonia, hate speech on the internet primarily targets Russians, followed by the Roma and Christians. 17 It should be noted that it has generally been difficult to maintain any kind of dialogue with the state or politicians but also with other civil society organisations. The authorities take little interest in minority groups. Yet there exist several roundtables of minority experts (at the Ministry of Culture, Initiative on Partnership www.kogu.ee) that are supposed to represent the voice of minorities when planning integration strategies or other policies. 15 Before 1991 Estonia has been a part of the Soviet Union. Most of the minorites residing in Estonia at the moment are the legacy of the period when the so called forced labour migration model was in place. Moreover the Soviet period is a result of annexation, often refered to as occupation. The modern political elite unfortunately still shapes its programmes on nationalistic feelings of the citizens and enacts policies from the perspective of assimilation, rather than integration and tolerance. 16 Rassi- ja võõravimm Eestis, Laineste. L et all, Justiitsministeerium, Tallinn 17 Ibid. 8
However, it is not clear on what basis these individuals were selected or what they are expected to add to discussions. 18 4.1 Changes regarding Implementation of the EU Directives 2000/EC/43 and 2000/EC/78 Despite the fact that Estonia had implemented the EU Directives (2000/EC/43; 2000/EC/78) into its national law and has established equality bodies, little concrete action has been taken by the state to raise awareness of these issues and counter discrimination. The mandate of the Chancellor of Justice continues to be very limited as it is restricted to the use of a reconciliation procedure (i.e. in order to deal with cases where discrimination is alleged, the Chancellor needs the agreement of both parties). This is highly inefficient and impractical as few individuals who have been accused of discrimination are willing to participate in such a procedure, especially given that the results of the procedure may result in the prosecution of that individual. It is therefore not possible to say that this body is fully in compliance with the Paris Principles. This problem has been highlighted a number of times by various bodies including international organisations, and has been discussed in previous shadow reports. The Chancellor of Justice has indicated that it prefers to advise individuals complaining to it regarding equal treatment to either turn to the court or direct their complaint to the other equality body set under the requirements of the EU Directives Gender Equality and Equal Treatment Commissioner 19. However, the capacity of this body is limited by financial restraints. In fact, this institution consists of the Commissioner herself and an assistant. Their budget they have is sufficient only for their salaries and some administrative expenses. This issue has been repeatedly brought to public attention. 20 The Commissioner herself acknowledges that her role is limited by the lack of financial and human resources. 21 A number of articles in local media have suggested that the inefficiency of the body is the result of both scarce finances and of incompetence on the part of the personnel. 22 4.2 Case-law Similarly to previous years, there has been practically no case law regarding racial or similar discrimination or hate crimes decided by the court. There have also been few complaints lodged before the equality bodies or labour inspectorate. NGOs have repeatedly stressed that the dearth of cases regarding discrimination does not prove that discrimination is not an issue but rather indicate unwillingness on the part of the state to deal with such cases. 18 Racism and discrimiantion in Estonia 2009, Shadow report, ENAR 19 Writtent Communication with the Chancellor of Justice, February 2012. 20 Last mentioned in: Human Rights in Estonia, Annual report, 2011, by Human rights Foundation, available at www.humanrights.ee 21 Written Communication from the Gender Equality and Equal Treatment Commissioner, from December 2011 22 Volinik Sepper lihtsalt loolitas ja pettis mind, by Janar Filippov, Eesti Ekspress on 21.12.2011 9
4.3 Changes with regards to civil society Unfortunately, the civil society in Estonia is also lethargic when it comes to issues relating to racism and ethnic minorities. There are practically no NGOs run by representatives of minority groups to provide assistance to victims of discrimination, neither are they conducting research on the difficulties faced by minorities which would be of practical use at national level. 4.4 Developments regarding migration and integration policies, legal changes One of the key developments with regards to migration concerns the introduction of a requirement for receiving a temporary residence permit on the ground of becoming member of the Management Board of the company. The amendments have been initiated by the Minister of Internal affairs after the Security Police reported a number of violations of the legal provisions in place. By the end of 2011 several high profile politicians had been accused of selling residence permits on the above mentioned ground to wealthy Russian citizens who apparently had little interest in establishing businesses in Estonia but rather wanted grounds to enjoy free movement within the EU by having residence permits in one of its Member States. There were 160 names on the list of persons who had bought a residence permit disclosed by the Security Police. All of them had applied for and were granted residence permits on the grounds that they were becoming a Management Board Member of the Company. However, the companies in question had never started any real economic activities. Some of the individuals on the list had never entered Estonia. As a result, the Minister of Interior first introduced a quota for residence permits on this ground. This was introduced in the middle of 2011 and had retrospective effect. The new quota was also frozen until the amendments to the Aliens act entered into force. Thus, no residence permits on this ground were issued between July 2011 and July 2012. The amendments requested were adopted in spring 2011 and entered into force on July 1, 2012. In spite of speculation about stricter requirements and possible restriction of the other grounds for receiving residence permits, the final act was not particularly demanding. The act requires stronger financial guarantees for such companies (minimum half a year of economic activity of the company before a foreign national can apply for a residence permit, evidence of real activities, minimum salary requirement for the person in question etc.) 23. Another important development in this regard is the adoption of the National Set of Policy Measures for Roma Integration in Estonia. This document is based on the Commission s Communication on an EU Framework for National Roma Integration Strategies by 2020 of 5 April 2011 and the Council Conclusions of 19 May 2011 24. While this document mainly refers to the State Integration Strategy 2008-2013 - which is more general and applies to all ethnic groups and takes only some additional actions aiming to paying 23 Valismaalaste seaduse ja riigilõivuseaduse muutmise seadus, RT I, 29.06.2012, 5 24 Ministry of Culture of Estonia, Department of Cultural Diversity. 10
specific attention to Roma community in Estonia - it is important that the state has finally begun to acknowledge that this particular ethnic group needs attention. In the previous shadow reports it has been repeatedly highlighted that Estonia has not seen the need to develop policies aimed specifically at the Roma community as this community is very small. 25 International opinions and recommendations The Advisory Committee on the Framework Convention for the Protection of National Minorities published its third opinion on Estonia on 7 November 2011 which highlights several intstances where Estonia needs to improve its situation regarding national minorities. 26 The Advisory Committee noted issues relating Russian language education reform and language issues in relation to access to healthcare services and in the Ida-Viru region. 25 See for example Shadow report on Racism in Estonia 2010-2011. 26 Council of Europe advisory Committe on FCNM, 3-d opinion on Estonia, april 2011. 11
5. Special focus: Islamophobia The present report attempts to examine the specific situation of the Muslim community in Estonia. This community is very small and is primarily secular. There is little available data and information on the lives of the Muslim community in Estonia. There are relatively few organisations within the Muslim community itself which protect the interests of Muslims. Those that do exist are reluctant to cooperate with other NGOs dealing with human rights or racism. The exact size of the Muslim community in Estonian is unknown. The only relevant data is the National Census of 2000, according to which 1387 persons identified themselves as Muslim 27. Of those, 754 identified themselves as Tatars (the total number of Tatars counted at that time was 2 582), 83 were Estonians, 79 were Russian and 455 Muslims fell under the category of other ethnical groups. 880 Azeri (Azerbaijani) were counted, however none of them identified him or herself as Muslim 28. Importantly the Azeri community in Estonia is the second biggest group (after Tatars) that comes from a traditionally Muslim background. Up to 500 persons identified said that they belong to other ethnic groups that are also traditionally associated with Muslim: Uzbeks 132, Kazakhs 127, Chechens 48, Turks 24, Arabs 18, Kurds 15 and others 29. The most recent National census was carried out in 2011. Some data is already available; however the data relating to religious affiliation has not yet been compiled. Some studies suggest that there were around 4 500 Muslims in Estonia in 2010. However, of these it is believed that only a few hundred regularly practise their faith. Immigration levels in Estonia are low. 30 While Estonia does not have a state religion, some Lutheran religious holidays are also state holidays. 13.6% of Estonians are Lutheran, making this the largest religious group in the country. The second biggest are the orthodox Catholics (12.8%) and other Christians (1.4%). 31 Registration of religious groups is regulated by the Churches and Congregations Act and is carried out through the courts 32. Formal registration is mandatory. It allows the religious group to conduct marriages with civil validity, to benefit from tax exemptions and to establish private schools. 33 Estonian Muslims established their own premises in 2009, purchased with money from a Saudi sponsor. The centre hosts an Islamic cultural centre 27 National Census, Estonia, 2000 28 Ibid. 29 Ibid. 30 Year book of Muslim in Europe 31 National Census, Estonia, 2000 32 Kirikute ja koguduste seadus, RT I, 02.02.2011, 3 33 Ibid. 12
Turath, library, room for lectures, prayer room and office of the Imam. Several smaller centres are located in Tallinn and also nearby Maardu. Some years ago there were discussions about the construction of a mosque in Tallinn, but permission was not granted 34. Halal food is available in a small privately owned shop in Tallinn. At present it is difficult to access local Halal meat. While in theory, permission to operate a halal butcher shop may be granted 35, the presence of an authorised person when killing the animals must also be requested as killing can be done only outside the slaughterhouse. The application for religious killing should be submitted 10 days before the planned procedure 36. Yet in practice permissions is difficult to obtain. The Animal rights lobbyists are influential and strongly advocate a prohibition of halal meet production. There was considerable public debate on this issue in 2011. 37 There are no rules restricting dress in public or at school. However, very few women in Estonia wear the headscarf and even fewer wear the hijab. In 2009, permission was granted for women to take photos for passports and other official documents wearing a headscarf 38. The Muslim community in Estonia receives very little media coverage. Occasionally representatives of the community are invited to comment on some events of national and international character. There is almost no data regarding discrimination against Muslims in Estonia. In 2011 The Institute of Baltic Studies conducted interviews with individuals who had received international protection. One interviewee reported the following incident: I had problems with praying in winter. I started to pray in a shopping mall when a security guard came and sent me away. I went on [to another shopping mall] but then the saleswomen called for a security guard also. They then sent me to their room. They said that they cannot forbid me but told me not to do that. I asked if Estonian laws forbid it but they said no: but don t do it here. 39 In general, it appears that Islamophobia is not a serious and widespread issue in Estonia. This may be due to the small number of Muslims. The difficulties faced by the Muslim community are similar to those encountered by ethnic minority groups and depend upon Estonian language proficiency, citizenship etc. Unfortunately it is difficult to provide a thorough assessment of the situation in Estonia as the leaders of the community are reluctant to provide interviews. 34 Racism in Estonia 2008, Shadow report, ENAR 35 Loomakaitseseadus, RT I 2001, 3, 4 36 Looma religioossel eesmärgil tapmise korraldamise ja läbiviimise kord, RT I 2001, 69, 421 37 Eesti moslemid on lihahädas, Eesti Ekspress, 27.10.2011 38 Dokumendi väljaandmise taotlemisel fotole esitatavad nõuded, RT I, 2009, 41, 277 39 Kallas, K. and Kaldur, K. (2011) Eestis rahvusvahelise kaitse saanud isikute het eolu ord ning integreeritus esti his onda, Tartu, 2011 13
6. Access and full participation in all collective areas of society Previous ENAR Shadow reports have examined the trends relating to racism and related discrimination in Estonia (2006 2010/2011). There have been few changes in this regard during the period under review. Many of the issues identified in previous ENAR shadow reports were confirmed in a study published by the Ministry of Justice on racism and xenophobia, which compared data from 2000-2007. 40 Language is the most pervasive concern. While Estonian is the only state language, about 30% of the population are native Russian speakers. As of the beginning of 2011, in the capital city Tallinn 38.5% of the population were ethnic Russians and 46.7% spoke Russian as the mother tongue 41. In some regions the majority of the population are Russian speakers. For example in Ida---Viru county (North-East of Estonia) ethnic non-estonians constitute a vast majority of the population. In Narva city for example, ethnic Russians make up 82.02% 42 of the population, in Sillamae 82% 43, and 69.68% in Kohtla-Jarve. The State Integration Programme 2002-2007 44 and the State Integration Strategy 2008-2013 45 focus mainly on integration through improving language proficiency of non-estonians. Command of the Estonian language among minority groups remains problematic, though it is gradually improving 46. Language proficiency remains essential for dealing with administration, official correspondence, higher education, access to long-term residence and citizenship upon naturalisation, entry to many professions, access to justice and other areas of life. While the author does not criticise the linguistic requirements per se, these requirements are often disproportionate in practice, especially concerning access to many professions and to justice. One long-term concern is reluctance on the part of the state to cooperate and engage in dialogue with the minority representatives when developing policies, including those relating to integration and equal treatment. State authorities do not recognise minorities as credible partners and experts regarding community related affairs. A similar attitude has been noted among journalists. The number of persons with undetermined citizenship in Estonia decreased slightly during the period under review. In 2010 1080 persons with 40 Rassi- ja võõravimm Eestis, Laineste. L et all, Justiitsministeerium, Tallinn 41 www.tallinn.ee/est/g2677s56143 Statistical yearbook of Tallinn 42 www.narva.ee NArva in figures 2011 43 http://www.sillamae.ee/public/files/sillamae_arvudes_2010.doc 44 http://www.kul.ee/webeditor/files/integratsioon/integratsioon_eesti_uhiskonnas111.pdf 45 http://www.kul.ee/webeditor/files/integratsioon/loimumiskava_2008_2013.pdf 46 Eesti ühiskonna 2011. aasta integratsiooni monitooring 14
undetermined citizenship were granted Estonian citizenship. Citizenship was granted to 1341 such persons in 2011 and during the first half of 2012 citizenship was granted to 529 persons 47. Nevertheless, the number of stateless persons remains high- 97 437 persons were stateless as of beginning of 2011 which makes up 7.3% of the total population of Estonia. There were 94 395 stateless persons (7%) as of the beginning of 2012 48. Citizenship is essential for full participation in politics, for certain occupations and can also be a requirement for purchasing real estate. Estonia does not officially allow double nationality, yet, where Estonian citizenship has been granted at birth it cannot be revoked. As a result a number of people have double citizenship ex oficio. Their exact number is not known. In 2012, a discussion was initiated by high ranking politicians from the governing parties, including the vice-speaker of the Parliament Ms. Laine Randjärv (who was later joined by the Minister of Justice Mr. Ken-Marti Vaher and others) with regards to the possibility of allowing double citizenship but only to those who are citizens by birth. 49 If such a proposal is adopted it will further disadvantage those who gain citizenship through naturalisation. In addition, receiving Estonian citizenship through birth is a more stable status since under the the Citizenship Act this form status is irrevocable. In contrast, status received through naturalisation can be withdrawn in a number of cases, also due to political activism possibly if it is against official rhetoric 50. Yet, such a procedure had never been exercised to date. The offence of incitement to hatred is poorly enforced. Racial motivation is not considered an aggravating factor in the commission of a criminal offence. At present data collected on crimes does not disaggregate those crimes committed with a racist motive. On a positive note, in 2011 a case involving hate speech was decided by the court. This decision is the first one since 2006, when the amendments into the Criminal code introduced a precondition of serious damage to property or health for the prosecution of hate speech. 6.1 Racism and related discrimination in employment 6.1.1 Manifestations of racism and related discrimination in employment Employment is one of only a few areas where data and research relating to equal treatment are available. Most known cases alleging discrimination relate to employment. The following table gives an overview of unemployment rates among Estonian nationals and non-estonians. While in general the activity rate among non- 47 http://www.politsei.ee/dotasset/61217.pdf 48 http://valitsus.ee/et/valitsus/tegevusprogramm/loimumine/maaratlemata-kodakondsusegaisikute-arv 49 Randjarv: Estonian citiens should have a possibility for a double citizenship. http://rus.err.ee/estonia/92e7e3a6-f15b-4162-9806-cfdc3b796eb0, 13.02.2012 50 Kodakondsuseseadus, RT I, 02.07.2012, 4, par. 28 15
Estonians is higher than among Estonians the unemployment rate of non- Estonians is almost double that of Estonians. While it is encouraging that unemployment appears to be decreasing, long-term unemployment rates remain relatively high, especially among minority groups. 51 Table 1: Activity and unemployment rates among Estonians and non- Estonians 52. 2010 Estonians Activity rate, % 64.8 Employment rate, % 56.1 Unemployment rate, % 13.4 Non-Estonians Activity rate, % 69.5 Employment rate, % 53.2 Unemployment rate, % 23.4 2011 Estonians Activity rate, % 66.5 Employment rate, % 60.1 Unemployment rate, % 9.7 Long-term unemployment rate, % 5.0 Very long-term unemployment rate, % 2.7 Non-Estonians Activity rate, % 69.8 Employment rate, % 57.1 Unemployment rate, % 18.2 Long-term unemployment rate, % 11.3 Very long-term unemployment rate, % 6.6 It is also important to note that the unemployment rate differs from region to region. It is much higher in Ida-Viru region, where non-estonians constitute a majority of the population. This can be explained by a number of factors; during the Soviet era this region was predominantly industrial and after collapse of the union these industrial giants were not needed for the new state and they were gradually closed down. Alternative employment has not been developed in the region. Estonian language proficiency is limited among many of those residing in that area. This is a serious barrier towards employment and prevents them from moving to other regions in search of work. Unfortunately, the regional development programmes do not adequately address the needs of the region. Table 2. Long-term unemployment related to citizenship 53 Long term unemployment in general (Estonians and non- Estonians Total 7.1% Estonian citizenship (includes also non-estonians) 5.7% Third-country nationals 12.8% 51 Estonian statistics at www.stat.ee, assessed on 30 August, 2012 52 Statistics Estonia at http://pub.stat.ee, accessed on 30 August, 2012 53 Statistics Estonia at http://pub.stat.ee, accessed on 26.08.2012 16
Stateless persons 15.1% Very long-term unemployment Total 4.0% Estonian citizenship 3.2% Third-country nationals 7.0% Stateless persons 8.5% This table highlights the problem of long-term unemployment among thirdcountry nationals and stateless persons. Here a direct connection can be seen between legal status and employment and, by extension to welfare. Unemployment rates may be connected to language proficiency, as many of those who hold citizenship from Russia or other former Soviet states and many of those who are stateless are not sufficiently proficient in the language and therefore cannot meet the language requirement for receiving Estonian citizenship. There is considerable disparity in income levels between Estonians and non- Estonians. Unfortunately there is no data available for the year 2011 or the beginning of 2012. The following table demonstrates that there have been no significant differences regarding the income rate in 2010 as compared to 2009. It also highlights that the income of Estonians continues to be higher than that of non-estonians, i.e. the number of non-estonians in the lowest and second quintiles is much higher than Estonians. At the same time the number of Estonians in highest quintile is double that of non-estonians. 54. Table 3. Income related differences among ethnic Estonians and non- Estonians 55 Lowest quintile Second quintile Third quintile Forth quintile Highest quintile 2010 (2009) Estonians 17.4 (17.8) 17.8 (18.2) 20.4 (19.8) 20.8 (20.5) 23.6 (23.7) Non-Estonians 26.1 (25.1) 25.3 (24.3) 19.0 (20.3) 18.1 (18.9) 11.5 (11.4) The Ministry of Social Affairs has noted that one of the main obstacles to employment among non-estonians is their poor command of the Estonian language. It was also noted in the Act on Labour Market and Related Benefits that non-estonians, with poor Estonian language skills, are an especially vulnerable group whose integration in the labour market is limited 56. For both groups, education levels are linked with employment rates. Data suggests that the difference in employment rates between the two groups is less significant among those who have been educated to university level. In 2009, 9.3% of the minority population was unemployed compared to 4.7% of Estonians. 54 Ibid. 55 Ibid. 56 Sotsiaalministeeriumi teemaleht nr. 6-2010 Töötud mitte-eestlased Eesti tööturul 17
Among those with secondary education the respective rates are 21.8% and 12.4%. 57 In 2011 the Ministry of Social Affairs published a Study on Employment life (Eesti tööelu-uuring) based on data collected in 2009. The study examines discrimination in the workplace. The report concluded that discrimination is not a serious issue in Estonia. In most cases where respondents identified discriminatory practices they related to the practices of the individual manager (40%). Many noted conflict and bad relations with the latter. Respondents mentioned age (9%), gender (7%); poor Estonian language proficiency (5%); ethnicity (4%); disability or long-term health problems (4%); family and children (3%); political views (2%); religious affiliation (1%). 58 The majority of the respondents who reported discrimination were highly educated. This may be a result of higher levels of awareness of relevant legal provisions and of the concept of discrimination in general. 59 Public discussion took place in Estonian media in 2011 and was prompted by research conducted by Tartu University entitled Language skills and social integration: ethnic disparities in bilingual economy 60 which revealed that Estonian language proficiency does not necessarily affect the income of ethnic non-estonians, particularly men. The main findings of the research were discussed in last year s Shadow Report. 61 The findings of the report were striking in that they contradicted much political rhetoric about immigrants and the socially excluded i.e. that a good command of the Estonian language is the key to employment and social inclusion and that funds should be directed towards language training accordingly. Media debates were critical of the approach used by the researchers, particularly of the fact that self-evaluation of language knowledge has been used rather than standardised results obtained by taking a language exam. 62 It was also argued that good Russian language skills are considered to be an advantage in access to employment. Russian is often required by employers and few Estonians have a good command of this language. 63 This is indeed true, but where an employer seeks applicants who speak Estonian and Russian (or another language) it is the ability to speak Estonian which is valued most. There has been no case law regarding equal treatment to employment during the period under review. However, several cases have been highlighted either through media publications or through legal advice of the Legal Information 57 Statistikaamet, tööjõu-uuring 2009, joonis 9 58 Eesti Tööjõu-uuring, Sotsiaalministeerium, 2011, Joonis 2.9 59 Eesti Tööjõu-uuring, Sotsiaalministeerium, 2011 60 Lanugage skills and social integration: ethnic disparities in billingual economy (work in progress), J. Meriküll, O. Toomet, January 31, 2010 61 See. Racism and related discrimiantion in Estonia 2010-2011, Shadow report, ENAR, p. 18 62 Salary and proficiency in state language (Zarplata i gos.jazyk), Mart Rannut, Postimees (v.k), 05.07.2011 63 Ibid. 18
Centre for Human Rights 64. Two complaints have been lodged before the Gender Equality and Equal Treatment Commissioner 65. Most cases concern Estonian language proficiency and access to employment. Case 1: The person applied for a position at a branch of a multinational corporation in Estonia. All the documents had to be submitted in both English and Estonian and the competition task had to be written in English. After the applicant received a letter, written in English, notifying her that she had been unsuccessful, she requested more information regarding the rejection. The letter of request was sent also in English. The reply that followed, however, was rather rude; person responsible for the recruitment wrote back in Estonian and asked why this letter was sent in English if both parties are in Estonia where the state language is Estonian. No further correspondence or explanations have been received from the foundation. The complaint was not lodged in front of any of the equality bodies. 66 Case 2: This complaint has been lodged before the Gender Equality and Equal Treatment Commissioner. The applicant questioned whether the Ministry of Foreign Affairs treated her/him fairly during the recruitment for a diplomatic position. The complainant is a member of the Rusian ethnic minority, whose mother tongue is Russian, but undertook professional education in Estonian. The job description for the position mentioned that the successful candidate should have very a good command of the Estonian language. The Ministry requested that non-estonians self-evaluate their Estonian language skills. C2 is the highest level on the evaluation grid and is equivalent to native proficiency. The applicant assessed her/his level as C1 as this is the highest level for which the proficiency exam can be taken and this is the level required for this position by law. Later the Ministry claimed that very good knowledge should equate to C2 level. They also stated that in the motivation letter the candidate used simple constructions which suggested that the language proficiency of the candidate was not of a high enough standard. The Commissioner concluded that this amounted to discrimination. The Commissioner decided, based on EU case-law, that in this case discrimination based on language knowledge should be considered equivalent to ethnic discrimination as mother tongue is linked with ethnicity. The Ministry had violated the equal treatment principle as set out in the Equal Treatment Act; according to the Act on Public Service only the language proficiency level set out in the legal acts can be requested upon employment. In this case the requested level (C2) was higher than that envisaged (C1) in the Language Act. The Ministry did not take into consideration the fact that the applicant received professional education in the Estonian language and therefore is not bound to provide proof of language proficiency. All the candidates who passed the final competition were native Estonian speakers.the Ministry did 64 Written Comminication with the Legal Information Centre for Human Rights, of August 2012 65 Written Communication with the Gender Equality and Equal Treatment Commissioner, January 2012 66 LICHR database 19
not take active measures to ensure that all the candidates were treated equally regardless of their ethnic background 67. The practice of asking applicants to specify their mother tongue is common in recruitment. Many online job searching portals ask this questions by default. If a mother tongue other than Estonian is selected then a self-evaluation option of state language proficiency, as well as other foreign languagues, is requested. Case 3: This case was filed in front of the Commissioner in April 2011, but was decided on 30 August 2012. The complainant alleged that she had been discriminated against at work due to her ethnic background. She had worked for the OU Instrumentarium for many years and was a highly regarded specialist. She was refused a transfer to another department with better working conditions and a higher salary. All of the personnel in this department were ethnic Estonians, many of whom had no work experience. The complainant had applied to be transferred to this department several times, but was refused without explanation. The department where the claimant was working introduced a shift-work system, which was not possible for her because she has small children. She was also offered another position with a lower salary. She again asked to be transferred to the new department which did not have shift-work system. She was refused and as a result had to terminate her employment. The Commissioner found prima facie evidence that the employer had used to a discriminatory approach to recruitment. The emploer had failed to prove the opposite. 68 The above cases are examples of common themes throughout recruitment policies in Estonia. Case 4: An individual applied for a vacancy in an NGO dealing with the issues of corruption and transparency. The applicant is a high profile minority rights defender. Although his qualifications and experiences were better than those of the person who was offered the job, he was refused the position. The potential employer refused to provide any comments or details with regards to the refusal. The case is currently being considered by the Gender Equality and Equal Treatment Commissioner 69. There is no available data relating employment issues which affect the Muslim community in Estonia. 6.1.2 Facilitating factors or protective measures to combat employment challenges 67 Soolise Võrdõiguslikkuse ja Võrdsekohtlemise volink, arvamus, 16.08.2012, available from the official website: http://www.svv.ee/failid/16.08.2012_arvamus_anonymiseeritud.pdf (accessed on 12.09.2012) 68 Volinik: Instrumentaarium eelistas töölevõtmisel eestlasi, Tarbija 24, www.tarbija24.ee, 30.08.2012 69 LICHR database 20